The Palatka daily news. (Palatka, Fla.) 1884-1888, 1887-04-19
DEFINED BY The COMMISSIONERS.
SCOPE OF THE INTER STATE COM.
MERGE LAW.
The Limitations of Their Authority to Define or
Suspend the Act-Pretended Fear Of Trans
crossing the tas-

been sent 10 several railroad companies,
which have applied for relief from the
short-hau provision of the Interstate
Commerce law without making. in the
opinion of the Commission. satisfactory
showing of facts to support even tenn
porary order.
To Decatur AyteIl ESD. Receiver. etc:
DEAR SIR-You have filed with this
Commission a petition To have the
Richmond and Allegheny Railroad in
clude,i~ among the railroads entitled TO
claim the exemption which may be- au-
thorized under the fourth section Of the
act under which the Commission is
formed. The petition is not verified,
and if it We're otherwise sufficient
1t for that important formaiity.
but in substance, also, the petition
is clearly defective. 1t does not set forth
facts sufficiently for the purposes of an
intelligent Judgment upon the situation.
The law under which we are voting
lays down a general rule which
is presumptively just, and which
must be applied i'm all cases
unless facts are shown which make par
ticular case clearly an exceptional one.
These should be shown by the petition
which is presented for relief, and the
Commission, before it can grant relief,
must satisfy itself on investigation that
the facts are as stated. and that they
render the ordinary operation of
Law oppressive to an extent that
warrants an exception being made
in the petitioners favor. We do not
think you make such a case by your
petition. Its statements are very brief
and general. and are quite as much ex-
pressiOns of opinions as statements of
facts.
The prayer of the petition is also too
broad You ask that the operation of
the law be suspended generally as to your
road, but the Commission does not grant
general suspension to any road, but gives
relief only as to traffic between specified
points. For these reasons no order is
made on your petition.
Very respectfully, etc,
7. NJ. COOLEY,
. ID Chairman.
As to AN inquiry in regard to the in
stitution of suits by District Attorneys
the Commission writes: In deciding
n
uPoii 'i,e h.s'i'"'i"ii u eui's INC oin.e'
States District Attorneys mustact ON his
own Judgment"
AN IMPORTANT STATEMENT.
ioii'"hiS ny iai uie
most important action yet taken by the
Commission. The immeiiate matters
selected to which to aprend the opinions
= a., r..
.ie NoiiiiiiiaS'o'i ohhy "heo'
the interests OF limited classes,
but the opinions themselves cover
i'm important r..spects jnterpretafions of
the Interstate law and determinations
respecting the extent of the powers with
which the Commission deems itself
charged. and. as is proven by the inl-
mense correspondence of the Commis-
sion. are Of interest to almost every
branch of trade
These opinions are based upon in
quiries prop0unded by the Ortler of
Railway Conductors and the Traders
and Travellers Union. The Commis-
sioners saw:
III II obvious 1fOLn the TENOR OF sucn
applications, which reach us by every
mail, that the impression is generally
evalent. that this Commission has
power to construe. interpret and apply
the law by preliminary judgement.
We are. continually appealed to for de-
cisions i'm advance As TO whether COM
mon carriers. willing to adopt certain
methods of dealing with respect to inter
State commerce, can do 40 without sub
jecting themselves to the penalties de
nounced IN the statute Tor violating ITS
protisions. a careiul reang ol tie
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